Following the Hart-Celler Act of 1965, many assumed the U.S. immigration system would have a more egalitarian approach. Doing away with the country-based quota system paved the way for an intricate system of visas based on familial ties, occupation, and humanitarian need. However, I argue that within this system are implicit racialized narratives that naturalize a hierarchy among immigrants via their access to different immigration benefits. More specifically, I problematize visa categories as a site for racial formation and ask, how is race constructed in visa categories? Conversely, how do visa categories influence how we understand race and racialized groups?Using transcripts from the debates over Border Security, Economic Opportunity, and Immigration Modernization Act of 2013 (S.744), I look at how race is constructed in discussions about visa categories. I focus on three concepts or tools to highlight how a racial hierarchy is maintained in discussions about employment-based visas, family reunification visas, and the broader topic of national identity. First, administrative burdens provide the procedural logic by detailing the types of visas available and their eligibility requirements. Second, controlling images provide the narrative justification for treating immigrants differently by typifying them into certain roles. Third, the violence of value maintains the oppositional relationship between desirable and undesirable groups, which normalizes the overall hierarchical structure. In addition, I complicate this dichotomous relationship by highlighting the role redemption embedded in the Registered Provisional Immigrant status, which upholds a national narrative about compassion.

In the summer of 2017, Gonzalez vs. Douglas overturned the ban on ethnic studies in the state of Arizona. Although law ARS 15-112 prohibited ethnic studies as an area of study, only the Mexican American Studies program in Tuscon Unified School District was investigated and discontinued. The present study utilizes 21 in-depth interviews with teachers, students, parents, lawyers, expert witnesses and community members who were involved in the litigation. Their counterstories (counter to the majoritarian narrative) reveals the importance of what I term transformative historical capital which refers to the transformation that occurs internally when one learns of the tools, epistemologies, networks, and determination extant in the Chicana/o community (as well as other communities of color) due to a long history of social movements that sought civil and human rights. The research question that guided my research was: 1. “What forms of community cultural wealth were drawn from in order to win Gonzalez vs. Douglas?”. I found three of Tara Yosso’s forms of community cultural wealth (aspirational, social and navigational) recurrent in participant’s accounts of how they won the case and the emergent transformative historical capital.